HomeMy WebLinkAboutBy-law 3327/89 TltE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3327 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
dated March 2, 1987, respecting Plan 40M-1563,
Picketing (Valerian Investments; 18T-85037;
Leofanti)
WHEREAS it is deemed desirable to permit the deferral of the development of Lot 14,
Plan 40M-1563, Picketing, by means of an Agreement to amend the Subdivision Agree-
ment dated March 2, 1987, respecting the development of Plan 40M-1563, Pickering,
pursuant to the provisions of the Planning Act, 1983, S.O. 1983, chapter 1, section
50(6);
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in
the form attached hereto as Schedule A to amend the Subdivision Agree-
ment dated March 2, 1987, respecting the development of Plan 40M-1563,
Picketing (Valerian Investments; Draft Plan 18T-85037; Leofanti).
BY-LAW read a first, second and third time and finally passed this 18thday of Decem-
ber, 1989.
Wayne Arth~s, Mayor
Bi'uce Taylor, Clerk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3327 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
dated March 2, 1987, respecting Plan 40M-1563,
Pickering (Valerian Investments; 18T-85037;
Leofanti)
WHEREAS it is deemed desirable to permit the deferral of the development of Lot 14,
Plan 40M-1563, Pickering, by means of an Agreement to amend the Subdivision Agree-
ment dated March 2, 1987, respecting the development of Plan 40M-I563, Picketing,
pursuant to the provisions of the Planning Act, 1983, S.O. 1983, chapter 1, section
50(6);
NOW THEREFORE, the Gouncil of The Gorporation o£ the Town of Picketing HEREBY
ENAGTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in
the form attached hereto as Schedule A to amend the Subdivision Agree-
ment dated March 2, 1987, respecting the development of Plan 40M-1563,
Pickering (Valerian Investments; Draft Plan 18T-85037; Leofanti).
BY-LAW read a first, second and third time and finally passed this 18th day of Decem-
ber, 1989.
Wayne Artb~s, Mayor
' Bruce Taylor, Gle~'k
TOWN OF'
PICKERiNG
AS 1'0 FORM
LEGAL DEPT~
SCHEDULE A
THIS AGREEMENT made December 4, 1989,
BETWEEN:
GABRIEL LEOFANTI
and
MARGHERITA LEOFANTI
herein collectively called the ~Owner~
OF THE FIRST PART,
- and -
.THE CORPORATION OF T. HE TOWN OF PICKERING
hereinafter called the ~Town#
OF THE SECOND PART.
WHEREAS, pursuant to the Planning Act 1983, S.O. 1983, c.1, section 50(6), Valerian
Investments Inc. entered into a Subdivision Agreement dated March 2, 1987 (notice
of which was registered November 7, 1988 as Instrument LT417494) with the Town,
.respecting the development of Plan 40M-1563, PickeringI and
WHEREAS the Owner herein is the successor in title to Valerian Investments Inc. of
Lot 14, Plan 40M-1563, Picketing, and wishes to delay the construction of a dwelling
unit thereon ~
NOW THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the Town
permitting the delayed construction of that dwelling unit, the Owner agrees with the
Town as follows:
1. The lands affected by this Agreement (herein called ~Lot 14=) are Lot 14, Plan
40M-1553, Picketing.
2. In this Agreement, the term "Subdivision Agreement~ means the agreement
dated March 2, 1987, between Valerian Investments Inc, and the Town, notice
of which was registered November 7, 1988 as Instrument LT417494, respecting
the development of Plan 40M~1563, Picketing,
The Owner ia bound by and shall continue to the bound by, the terms and
conditions of the Subdivision Agreement, as amended hereby.
4. (1) Despite the provisions of the Subdivision Agreement, the owner ma),
defer the development of Lot 14 and the construction of a dwelling unit
thereon, for a period of up to ten years from the date of registration of
this Agreement.
(2) The deferral referred to in subsection (1) shall be limited to the deferral
of,
(a) the grading and sodding of Lot 14!
(b) the paving of a driveway approach for Lot 141
(c) the' connection of services to Lot 14 and resultant boulevard
reconstruction; and
(d) the landscaping of Lot 14 and the adjacent boulevard,
(3) Prior to thc registration of this Agreement, the Owner shall provide to
the Town a security in the form of a letter of credit issued by a chai~-
tered bank in Canada in the amount of $5,000,
(a) for the purposes set out in section 19(1) of the Subdivision
Agreement relating to the performance and maintenance of the
matters deferred pursuant to this Agreementt and
(b) for the purpose of guaranteeing the satl~f&ctory maintenance of
Lot 14 during the deferral period.
(4) The provisions of sections 19 and 21 of the Subdivision Agreement apply,
with necessary modifications, to the security provided under subsection
(3), above, as if that security had been provided under section 19 of the
Subdivision Agreement.
(5) The security provided under subsection (3), above, shall be for a term
of one year and shall be renewed no later than thirty days prior to the
end of the year for a further term of one ye~rt ~nd so on, until the
Owner completes the matters deferred pursuant to this Agreement, or the
Town draws in full upon the security under subsection (6), beiow~ each
time the security is renewed, the amount thereof shall be increased by
10% times the amount of the expiring security.
In the event that the Owner fails to~
(a) renew an expiring security in accordance with subsection (5),
above; or
(h) complete the matters deferred pursuent to this Agreement~ or
(c) maintain Lot 14 to the Town's satisfaction during the deferral
period,
the Town may draw upon the expiring or existing security, in part or in full,
at its sole discretion.
5.. In the event that the Owner fails to,
(a) complete the matters deferred pursuant to this Agreement within the
deferral period; or
(b) fails to maintain Lot 14 to the Town's satisfaction during the deferral
period,
. the Town may enter Lot 14 for the purpose of completing those matters (or so
many of them as it decides to complete) or for msintsining Lot 14.
Prior to the registration of this Agreement, the Owner shsil pay to the Town a
unity levy in the amount of $2,875~ if paid in 1989t or $3.050, if paid in 1990,
for the dwelling unit to be erected on Lot 14 and the payment of such levy
shall be deemed to be the payment of the unit levy otherwise required for Lot
14 under section 25 of the Subdivision Agreement.
7. In the event that it is not registered before March 31, 1990, this Agreement
shall be null and void and of no force or effect end any monies payable or
things provided by either party to the other pursuant to it shall be retained
forthwith without interest.
2
IN WITNESS WHEREOF, the ~lndividuals comprising the Owner have hereunto affixed
their hands and seal~ and the Town has affixed its corporate ~eal, attested to by tbs
hands of its authorized officers.
SIGNED, SEALED & DELIVERED
in the presence of
Gabriel Leof~ntti
~ ~, Margherita Leofantl " ....
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs~ Mayor
Bruce Taylor, Clerk